Terms and Conditions

Optic EmpireABN 80 843 653 848

Service:
Optic Empire provides server space to its members for a fee, for the sole purpose of delivering HTTP content to the general public. Optic Empire also provides members with access to email accounts. Optic Empire clients are permitted to access their web space via FTP to upload and manage their online directories. Other additional services may also be offered by Optic Empire that relate to the selling of Internet Server Space / Services. Optic Empire provides an initial amount of data storage and transfer per month for each web hosting account. Additional data transfer can be purchased at AU $6 per gigabyte (Sold in blocks of 1 GB). Data transfer usage statistics are calculated by log file analysis; these statistics will be available to clients. Optic Empire is an Australian based business and makes use of web servers and mail servers located in data centers within Australia and USA. Optic Empire will supply customer support to customers via a web and email based medium and via members.opticempire.com

Applicant (Client) Restrictions:Optic Empire reserve the right to refuse service to any individual or organisation.
Optic Empire will provide services to persons aged 16 years and over. Any fraudulent Credit Card use will be reported to the appropriate authorities. Optic Empire will provide services only to persons in member countries of the WTO (World Trade Organization). These terms and conditions must be adhered to and customers agree not breach any of their own local, state or national laws or risk instant account termination and no refund of any monies paid.

Cost and Payment For The Service:
Current pricing for the packages that Optic Empire offer can be found at https://www.opticempire.com.au All prices listed on the Optic Empire web page are in (AUD) Australian Dollars, unless otherwise stated. By accepting this agreement you agree to pay the current rate for the service package you have chosen. Optic Empire processes transactions in AU dollars.(Other currencies may incur a transaction / conversion fee). Up to date currency conversion can be found at www.x-rates.com. If there is an occurrence of accidental overcharges to your account, you agree that this will be credited to your account or refunded at our discretion. You agree that Optic Empire has the right to invoice you or debit your account until you cancel the service in writing (Email), understanding that it may take up to 48 hours for your cancellation to take affect. Account termination is final once you have received confirmation from an Optic Empire representative.

Optic Empire will continue to Invoice you monthly , bi or yearly (depending on your plan and data transfer), this will occur on the same day every month or year.You may be required to manually make payment depending on chosen payment method. In the circumstance that your bank or credit card company can not make a payment (for any reason), we will contact you and give you 48 hours to respond. You agree that after this time you account may be disabled until payment is made. Overdue invoice may attract a late fee of $5.00

If you, the client, do not wish to pay for your service via the Internet, we can allow payment via conventional mail or fax or in person, (requiring prior contact). We also accept cheques. But are not to be held responsible for lost funds during transit.

Data is reset on the 1st of every month. Pro rata charges are not given. This means if you signup daya before a reset . You will only have a few days to use the allocated plan amount before reset.

If you exceed your monthly allocation of data-transfer your account will be suspended you can activate it by purchasing additonal bandwidth, you will be billed AU $6 at the start of every gigabyte.(Payed when additional Data transfer is requested). Your data-transfer will be calculated by log files recording server usage.The cost for additonal Disk space is AU$15 / 1000 MB sold in blocks..

Billing:
All quoted prices are in AUD (Australian Dollars), unless otherwise stated.
A bill for each period of your service will be sent to you via the agreed contact email. You will be able to see and print the invoice via the members area.This bill will be issued monthly or yearly (depending on your plan and data transfer) and this will occur on the same day every month or year. If you are located in Australia you may also have to pay 10% GST, see the taxation section of these terms and conditions for more information. The bill will be sent to the email you provided on sign up, after signup you may change the billing email address. Payments must be made by the Due date issued on the invoice. Overdue invoices may attract a late payment fee of $5.00. Failed payments may attract a failure fee of $35.00

From the initial sign up it may take up to 7 days for the web space to be fully functioning and accessible via your domain, it may take this long for the DNS entry to resolve to all Internet servers in the World., cards and cheques are processed usually within 3 business working days of being received.

Overdue / Unpaid payments can result in the Termination of your account. At this stage it will result in total Data loss on the terminated account, Optic Empire is not responsible for any data loss due to such actions.

Taxation:
All quoted prices are in AUD (Australian Dollars), unless otherwise stated.
Clients residing in Australia do not currently need to pay GST. This may change, and you will be notified well in advance of any changes in your pricing. The Australian government began charging 10% GST to Australian residents from July 1, 2000. Non-Australian residents do not need to pay tax.

Privacy:
You must acknowledge that all user information Optic Empire acquires will be for billing and administrative purposes only. Optic Empire will keep your details in an off-line database for security measures. On submission your details will be securely sent from an SSL connection via a secure transfer to the off-line database. Your details will not be sold or given to advertising or marketing firms or any other organization. Optic Empire will do its best to maintain a secure and safe storage for the personal information it is given.
Optic Empire will not be responsible for any loss of information that has not been sent via the correct stated methods. This may include you sending personal information in an insecure email
.Refunds:
Yearly payments will be pro – rata refunded when new changes to terms and conditions are not accepted by you, the client. Termination of your account may occur when requested by you, the client, or if Optic Empire has deemed your usage of our facilities a breach of these terms and conditions. It may take 48 hours for the termination to come into affect. Accounts can be terminated by you, the client, if written notification (email) is sent to Optic Empire. Refunds will only be given when overcharges to your account occur. There are no extra charges for the refunding of overcharging. (except transaction charges).You agree on sign-up that any setup fees are non-refundable.
You will have 7 Days to request a refund from the event.

In the event of early cancellation, e.g you pay for a yearly plan, and disconnect ten months into it a refund will be given at our discretion.

Use of the service:
The use of Optic Empire run servers is bound by the terms and conditions of this agreement, information on the Optic Empire web site at http://www.opticempire.com and other information that is made available to you. On accepting these terms and conditions you agree that you cannot use Optic Empire web servers or email system for breaking any local state, federal or international laws. You agree that Optic Empire may remove any material it finds or is reported to be unlawful. You also understand that Optic Empire may terminate your account if you use the service in breach of these terms and conditions..

Abuse Policy and illegal content
DoS attacks or any other attacks launched from within our servers or against our servers will result in your account being terminated. What you cannot host include (not limited to): cracked/pirated software, illegal mp3s, virus/trojans (nor can you link to it). No illegal pornography (eg. child porn) Any user in violation of this policy will have their site suspended and asked to remove it. Failure to do so will result in account termination.

You may not in anyway send unsolicited bulk email or post to news groups in a way that does not conform to the rules of that group, from Optic Empire servers or that can be traced to the Optic Empire network, your web site or yourself. By doing so your account with Optic Empire will be terminated. Your web site must also not promote illegal web sites, bulk email or SPAM, or illegal activities.

NO IRC/ Bit Torrent/ p2p / filesharing communication what-so-ever.

NO use of proxy or anonomising services or software is allowed AT ALL.

Nothing that breaches local, state, or federal laws.

Adult Material
Clients are allowed to host adult content as long as it is legal in Australia, proper disclaimers of adult content must be used.

DataOptic Empire, is not responsible for any loss of data what-so-ever. It is the customers responsibility to ensure that their website and all associated data is backed up. This also includes mail and database information. Optic Empire can not be held liable for any interruption in service or loss to your business (or any other entity) due to downtime or data loss.

Uptime Guarantee(99% Uptime)

Optic Empire realises that your website needs to be up and accessible all of the time, nothings worse than you losing money because your website is down. Optic Empires network hardware is superior and we feel very confident in it and our contingency plans, so confident we are prepared to offer a 99% Uptime Guarantee, this means that if your web space isn’t up and functioning 99 % of the time well credit your hosting account (not bank account) for the downtime that month. We are sure this Uptime guarantee SLA will give you the confidence you need to choose Optic Empire to fulfill you Web hosting Needs.

This excludes all scheduled maintance, reboots, self inflicted downtime, acts of god, backbone issues, DDoS, and hardware failures, clients will be notified of these via the members area and www.opticempire.com/notify.php .Optic Empire will monitor its servers via a 3rd party and will base crediting on these logs. This Uptime guarantee does not apply to Cpanel itself. If your website is still net accessible it is considered to be “up and functioning” . This uptime policy does not apply to email.

On acceptance of these terms and conditions you agree that Optic Empire will not be held liable for any interruption in service or loss to your business (or any other entity) due to downtime or account termination. If you find that your web site is inaccessible please contact us at support/at/opticempire.com* to report the problem. Optic Empire will repair any problems as quickly as possible. A request for a refund must be submitted within 7 business days of a service interruption in order to be entitled to compensation.

Optic Empire offer a 30 Day money back guarantee on all new Yearly paid accounts, This includes the time taken for domain name resolution. And does not apply to domain Names.If at any point during that initial 30 day period you are not fully satisfied with our service, or you feel our hosting plans simply don’t meet your needs contact us via the members support area with a brief explanation, please note in the support request that you would like to take advantage of the 30 Day Money Back Guarantee. We will fully refund whatever you payed us. This refund is given at Optic Empires discretion.

Changes:
This agreement and the service may change from time to time. Any changes will be posted at http://www.opticempire.com or on this page 30 days before you, the client, will be bound by the new terms. Price structure changes will become valid from your next billing date (after the 30 days notice). If you do not agree with new terms and conditions or pricing structures you have the right to terminate your account. A partial refund may be available for users who terminate their 12 month contract due to not accepting new terms and conditions. You have 7 Days to request a refund from the change.

Termination:
Termination of your account may occur when requested by you, the client, or if Optic Empire has deemed your usage of our facilities a breach of these terms and conditions. It may take 48 hours for the termination to come into affect. Accounts may be terminated by you, the client, if written notification (email) is sent to Optic Empire.

Continual abusive or disrespectful behavior to Optic Empire staff will not be tolerated any instance may result in the termination of you account with no refund for any monies paid.

Overdue / Unpaid payments can result in the Termination of your account. At this stage it will result in total Data loss on the terminated account, Optic Empire is not responsible for any data loss due to such actions.

Legal Action and Dispute Resolution:
Optic Empire will not be held liable for any interruption in service or loss to your business (or any other entity) due to downtime or account termination. Any legal action against Optic Empire must be taken in the city of Newcastle, NSW, Australia. Any disputes or problems should be first directed to Optic Empire.